*** LUCETTE DEFALQUE, JACQUES PERTEK, PHILIPPE STEINFELD, PHILIPPE VIGNERON: Libre circulation des personnes et des capitaux - Rapprochement des législations. Editions de l'Université de Brussels (26 av. Paul Héger, B-1000 Brussels. Tel: (32-2) 6503799 - Fax: 6503794 - E-mail: editions@admin.ulb.ac.be - Internet: http://www.editions-universite-bruxelles.be ). "Commentaire J. Mégret" series. 2006, 315 pp, €40. ISBN 2-8004-1378-6.
Ever since 1968, publications in the 'Commentaire J. Megret' series have stood out as references for anyone needing to understand European law for any reason, and how EU laws have changed. The first volume of the third edition is no exception to the rule - quite the opposite in fact! It does, however, bear witness to a change in this series, which has been given a rehaul. The previous article-by-article commentary on the treaties has been dropped, with different subjects and issues now divided into 'big themes' coordinated by a famous expert. This book is the second volume (but the first volume to actually be published) of the Internal Market 'big theme' edited by Prof. Claude Blumann (of 'Université Panthéon-Assas' in France). Future big themes to be edited by other experts include 'Basic principles of EU substantive law and the free circulation of goods', 'The Common Agricultural Policy and the Common Fisheries Policy', 'Environment Policy', 'Network enterprises' and 'Knowledge-based Europe'. Other big themes selected by the series' editors are 'Europe and the citizen' (to be edited by Prof. Henri Labayle of Pau University in France, who is also Dean of the Law Faculty at Bayonne University), 'Economic and Social Policies' (edited by Prof. Marianne Dony of the European Studies Institute of the 'Université libre de Bruxelles' in Belgium, whose book on the integration of financial markets, 'L'intégration des marchés financiers' will be published in January 2007), 'Competition' (Prof. Laurence Idot, of Université Panthéon-Sorbonne in Paris), 'The EU legal order and Community disputes' (Prof. Denys Simon, Université de la Réunion, France), 'Institutions' (Jean-Claude Jacqué, lecturer at the College of Europe in Bruges, Belgium, and at the European Studies Institute of the ULB in Brussels - he is also Director of the Legal Department at the Council of the EU) and 'External Relations' (edited by lawyer Jacques Bourgeois, who lectures at the College of Europe in Bruges).
As can be seen from this first volume of the new edition, the approach taken to the big themes is still based on the European treaties, with each subject being studied in a comprehensive and critical manner with pains being taken to move beyond a strictly descriptive approach and excessively theoretical development. . As the series' authors explain, jurisprudence and other forms of practice are systematically taken into account and where justified, controversies are explained and useful suggestions for 'lege ferenda' are expounded. Moreover, all chapters of this first book of the new edition take account of measures of the Treaty establishing a Constitution for Europe (and this practice should continue to apply to future volumes) since the treaty improves and codifies existing law and, whatever the fate of the constitutional treaty in the future, there is no doubt that its main contributions will be used as bases for deepening the single market, which remains the cornerstone of the European project, explain the authors.
The free circulation of individuals - that the draft Constitution places in pride of place among the four traditional freedoms of the Common Market - is the subject of discussion in this first volume. Jacques Pertek, professor at Jean Moulin University (Lyon III) in France and President of the European Studies Foundation, analyses it from the business and professional standpoints (the civil, political and private aspects of the freedom of movement of individuals will be studied in a future 'big theme' on European citizenship), and the 'economic' free circulation of individuals is considered from the traditional three-pronged approach - free circulation of workers, freedom of establishment and freedom to supply services. The first part of the book also includes a study of the mechanisms for recognising diplomas in the European Union in the light of the 7 September 2005 Directive. Philippe Vigneron (senior lecturer at the ULB's European Studies Institute and Financial Advisor at Belgium's Permanent Representation to the EU) and lawyer Philippe Steinfeld then look at a freedom often described as secondary or accessory, namely the free circulation of capital which should only allow the effective achievement of the free circulation of individuals and goods. They explain that thanks to European Court of Justice case law and the establishment of Economic and Monetary Union, the free circulation of capital has gained real importance as revealed indirectly by the attempts of some Member States to restrict its scope. Finally, lawyer Lucette Defalque (who lectures at the ULB and Paris I University) edits the third part of the book, looking at the general theory behind the approximation of legislation, a transversal subject which she analyses from both the institutional and material point viewpoints in the light of the most recent jurisprudence.
Michel Theys
*** STEPHAN BREITENMOSER, BORIS RIEMERM CLAUDIA SEITZ: Praxis des Europarechts. Grundrechtsschutz. Schulthess Juristische Medien AG (Zürich-Basel-Geneva), Carl Heymanns Verlag (Cologne) and Verlag Österreich (Vienna). 2006, 643 pp. ISBN 3-255-4503-0, 3-452-26149-2 and 3-7046-4778-0.
Following the positive reaction to the first issue of this book on the practice of European law, the authors felt they should extend their research and look at changes in European law in various fields. The first follow-up volume in this connection studies the protection of fundamental rights in European organisations, focussing on the European Convention of Human Rights, the Charter of Fundamental Rights and the protection of fundamental rights in EU legislation. The European Social Charter, protection of minorities, bioethics and data protection each have their own chapter. A further two volumes will be published, one on the institutional bases of EU law and the other on EU business law.
(CDi)
*** CHRISTOPH U. SCHMID: The ECJ as a Constitutional and a Private Law Court. A Methodological Comparison. Zentrum für Europäische Rechtspolitik an der Universität Bremen (Universitätsallee,
GW 1, 28359-Bremen. Internet: http://www.zerp.uni-bremen.de ). "Diskussionspapier" No. 4. 2006, 32 pp, €8.
"While judicial governance is obviously less significant than political governance in the Member Status, this is not necessarily the case in the European context where juridical activism has taken on a whole new, previously unknown dimension", comments Christoph Schmid at the beginning. The author of this short study immediately adds that the European Court of Justice has made it possible to turn the treaties of the EU into a coherent constitutional system but the ECJ's action is far less convincing when it acts as a private law court, with the author arguing that it fails here in terms of delays and the quality of its rulings. The author is at pains to explain this phenomenon, comparing governance in constitutional affairs and governance in private law, outlining the significant differences and suggesting various alternative approaches.
(FRo)
*** MICHAEL FAURE, TON HARTLIEF (Ed.): Financial Compensations for Victims of Catastrophes. A Comparative Legal Approach. Editions Springer (Vienna - New York. Internet: http://www.springeronline.com ). "Tort and Insurance Law" series, No. 14. 2006, 466 pp. ISBN 3-211-24481-6.
Countries regularly face all kinds of disasters, whether natural or technological. Some countries are more at risk of natural disasters like earthquakes and volcanic eruptions, while others are faced with 'technical' catastrophes (like fires and explosions). The risks connected with storms (like flooding) are faced by both groups of countries. No matter the type of disaster, victims expect to be granted compensation. In the absence of any 'causer of the damage' who can be held responsible, or insurance covering the disaster, the victims usually turn to the state. Three types of response are found in European countries. Firstly, case by case compensation, as is found in Sweden and Germany. Secondly, compulsory insurance cover for natural catastrophes, as is found in France and, soon, in Belgium. Finally, the creation of a victim compensation fund is examined. This book aims to identify the way disaster victims are granted compensation in Europe and in the United States, analysing the various private and/or public instruments used to this effect in each country. The authors then look at the extent to which the currently available instruments can actually prevent catastrophes.
(NDu)
*** FELIX WOLF: Terrorversicherung und europäisches Wettbewerbsrecht Peter Lang (1 Moosstrasse, Postfach 350, CH-2542 Pieterlen. Tel: (41-32) 3761717 - Fax: 3761727 - E-mail: info@peterlang.com - Internet: http://www.peterlang.de ). "Schriften zum internationalen und zum öffentlichen Recht" series, No. 61. 2005, 221pp. ISBN 3-631-53864-2.
The 11 September 2002 terrorist attacks in the United States, followed by the Madrid and London bombings, have had a political impact and serious economic consequences to boot. Given the new scale of these attacks, both quantitatively and qualitatively, there have been calls for the state to contribute to financial insurance, first for airlines and then for industry and companies in general. This legal book looks at the form such state intervention might take towards the cost of insurance against damage caused by terrorism. The author uses European competition law as a reference point.
(CDi)
*** MIQUEL MARTIN-CASALS (Ed.): Children in Tort Law. Part I: Children as Tortfeasors. Editions Springer (see above). "Tort and Insurance Law" series, No. 17. 2006, 476 pp. ISBN 3-211-24480-8.
This new volume in the 'Tort and Insurance Law' series analyses various questions surrounding damage caused by children and any liability that can be assigned to them. The book takes the form of reports on the situation in eleven EU Member States and Russia, based on the same three-part questionnaire. On children's liability, the first section looks at issues like the age at which children are considered responsible under the law and how to judge a child's capacity to 'act reasonably'. The question of whether they are held strictly responsible, like adults, or whether there are special concepts limiting their responsibility, and the extent to which children are covered by family insurance is also studied. The second series of questions looks at parents' responsibility for their child's action. For example, who is responsible when parents divorce? To what extent are parents expected to supervise their children then they are at school? Is it possible for the child or its parents to take one another to court? The last series of questions looks at the responsibility of legal guardians and institutions. For example, who has the duty of supervising children who do not have any parents in terms of the law? What legal principles cover schools and the duty to supervise pupils? Do these principles come under public or private law? Specialists will delight in the answers to these very practical questions.
(NDu)
*** RENE BRUCKNER, HANS-PETER DOSKOZIL, THOMAS MARTH, WOLFGANG TAUCHER, MATHIAS VOGL: Fremdenrechtspaket, Asylgesetz 2005, Fremdenpolizeigesetz 2005, Niederlassungs- und Aufenthaltsgesetz. Neuer wissenschaftlicher Verlag (42/6 Argentinierstrasse, A-1040 Vienna. Tel: (43-1) 5356103-21 - Fax: 5356103-25 - E-mail: office@nwv.at - Internet: http://www.nwv.at ). 2005, 427 pp, €28-80. ISBN 3-7083-0305-9.
This book has been designed as a guide or manual for lawyers and other decision-makers having dealings with Austrian immigration law. Austria recently adopted a series of laws forming a new legislative framework for foreigners' rights, which came into force on 1 January 2006. The authors took advantage of the occasion to publish the first overview of the new legislation.
(CDi)
*** MARIE-SOPHIE DEVRESSE: Usagers de drogues et justice pénale. Constructions et expériences. De Boeck & Larcier (39 rue des Minimes, B-1000 Brussels. Tel: (32-10) 482619 - Fax: 482750 - Internet: http://www.larcier.com ). "Perspectives criminologiques" series. 2006, 360 pp, €53. ISBN 2-8044-2141-4.
The extension of a thesis awarded the Fernand Boulan Prize by the 'Association internationale des criminologues de langue française', this book starts off by noting that there has been a huge change in the way drug users are treated since the early 1990s, with so-called 'alternative' penal proceedings putting drug users at the centre of system characterised by forms of negotiation and subjectivisation, whilst at the same time applying biotech procedures to drug users which seem characterised by a logic of objectivisation and pure control. Senior lecturer in urban sociology and deviance at Lille 1 University in France and lecturer at the 'Université catholique de Louvain' in Belgium, Marie-Sophie Devresse provides an original reading of the impact of these legal practices, paying great attention to the drug users themselves. Drug users' experience of the criminal justice system is at the heart of her research.
(PBo)